Birth Injury Settlement

A birth injury settlement can help pay for long-term treatments which will help your child live a more comfortable life. These treatments can include home modifications, medication and equipment like wheelchairs.

Medical malpractice trials are very rare, so many families choose to settle their cases. The amount of settlement is contingent on a variety of factors.

Damages

A birth injury can affect the entirety of a child's life, including their quality of life. Some patients may need medication to treat their symptoms, while others could require home modifications or medical devices, such as wheelchairs. Parents might also have to leave their jobs to care for their children, leading to a loss of income. A lawyer will estimate the cost of treatment for a lifetime and then seek compensation to cover the cost.

The severity and duration of the injury can determine the value of a settlement. A patient with cerebral palsy will likely have an increased medical bill over the course of their lifetime than someone with Erb’s Palsy or Shoulder Dystocia. Furthermore, some states put a limit on the amount of non-economic damages to suffering and pain which can lower a settlement's value.

Both sides will gather evidence from witnesses and prepare evidence once a lawsuit is filed. Both sides will eventually meet to discuss solutions that could be reached through settlement discussions. If negotiations fail, the case may go to trial. A judge and jury will hear arguments and render a verdict. Trials can be more costly and long-lasting than settlements. Therefore, it is recommended to settle as soon as you can.

Expert Witnesses

Expert witnesses can be a valuable aid in defending a claim for damages. They can also be essential in proving that the cause of an injury resulting from medical malpractice which is a crucial aspect. Without expert testimony, it might be difficult for jurors to determine whether the injuries suffered by your child were the result of the doctor who was accused of violating the accepted standards of professional practice.

To establish causation, your lawyer will need to establish a link between the negligence and the injury suffered by your child. This can be done by many different methods, including medical records and expert testimony. Your lawyer can assist you in finding the most suitable expert witness to aid your case.

Your legal team will identify the defendants involved in your child's birth injury lawyer injury lawsuit. They could include obstetricians, maternal-fetal medicine experts, nurses during delivery and Birth Injury Lawyer other healthcare professionals. They'll need to determine the appropriate standard of care, which is usually established by the existing medical knowledge. This will require a thorough review and analysis of your child's records which could be very complex.

Your attorney will also need to determine your child's future needs for care. It isn't easy to estimate the cost of therapies, equipment, caregivers at home, further surgeries and procedures, and many more. Your lawyer will work closely with experts and witnesses to accurately estimate future expenses.

Statute of limitations

The process of preparing a birth injury lawsuit requires careful research and the recourse to medical experts. It is crucial to select a lawyer who has a thorough understanding of the matter and knows how to construct a convincing case.

The first step in a lawsuit is to establish that the defendant violated their duty of care. This involves review of medical records and depositions of the doctors involved. An attorney will also engage medical experts to give an opinion about whether the doctors acted appropriately in the circumstances.

Medical negligence is the inability to adhere to a set of standards of care and expertise. This applies to doctors and other healthcare professionals, but it's particularly strict for specialists such as doctors of obstetrics with their extensive education and expertise. A legal claim must also establish causation, which is that a medical mistake directly caused the child's injury.

Parents have two years to file a malpractice claim on behalf of a child who has been injured under New York law. However, minors aren't able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a medical file for them by a parent or guardian. Medical malpractice claims must also conform to the legal limits for damages, including non-economic damages. This limit is typically set by the court and is typically dependent on the number of similar cases in the state.

Getting Started

An experienced lawyer is essential to obtain the proper compensation and recognition of the injuries a child suffers because of medical negligence or malpractice in the course of birth. The legal team you choose is aware of how to evaluate the many factors that impact a birth injury settlement, and how to present these in court to obtain the most financial compensation.

A no-cost consultation with an attorney is the first step in establishing a connection between you and your lawyer. Once this is established your lawyer will begin investigating the case, including looking over medical records and calling in expert witnesses who can determine the accepted standard of care for the particular procedure.

Your lawyer will also negotiate with the insurance companies of the defendants, and pressure them to settle for an appropriate amount of damages. If this fails then your lawyer will file a suit against the medical providers and present the case to the judge and jury.

Your lawyer will draft the documents necessary to calculate the amount of damages you and your child are entitled to. This includes the anticipated expenses of future medical treatments or loss of income, as well as other economic damages. Your lawyer can also map out the costs over the life of your child's care for your child's injuries. This process is called life-care planning. This usually is a large portion of the settlement.